![[MPID Act, S. 2(c) & 2(d)] – Amounts advanced with promise of return and interest qualify as “deposit” accepted by “financial establishment” under the Act. – Maharashtra Protection of Interest of Depositors (in Financial Establishments) Act, 1999 Section 2(c) and Section 2(d) — Deposit and Financial Establishment — Amounts advanced to individuals with promise of repayment with interest constitute a “deposit” under Section 2(c) and the recipients are “financial establishments” under Section 2(d) of the MPID Act, irrespective of the transaction being termed as a “loan” — The nomenclature of the transaction is not determinative; the essential attributes of the transaction are key.](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/State-Laws.jpg?resize=150%2C150&ssl=1)
![[Central Sales Tax Act, 1956, S. 3] – No State can levy VAT on inter-State sales; taxation power for inter-State trade vests exclusively with the Union. – Constitution of India, 1950 — Article 269 — Taxes on sale or purchase of goods in the course of inter-State trade or commerce — Levied and collected by Union but assigned to States — Parliament’s power to formulate principles for determining when such sale/purchase takes place — State legislature’s power restricted to intra-State sales.](https://i0.wp.com/sclaw.in/wp-content/uploads/2017/04/Constitution-of-India.jpg?resize=150%2C150&ssl=1)
IBC – Adjudicating Authority cannot interfere on merits with the commercial decision taken by the Committee of Creditors – Limited jurisdiction in matter of approval of resolution plan – Jurisdiction of the Appellate Authority is also circumscribed by the limited grounds of appeal provided in Section 61 of the Code
SUPREME COURT OF INDIA FULL BENCH JAYPEE KENSINGTON BOULEVARD APARTMENTS WELFARE ASSOCIATION AND OTHERS — Appellant Vs. NBCC (INDIA) LIMITED AND OTHERS — Respondent ( Before : A.M. Khanwilkar, Dinesh…
Enquiry at the Stage of Pre-Registration of FIR – Permissibility – Such a preliminary enquiry would be permissible only to ascertain whether cognizable offence is disclosed or not and only thereafter FIR would be registered – Therefore, such a preliminary enquiry would be in the interest of the alleged accused also against whom the complaint is made.
SUPREME COURT OF INDIA DIVISION BENCH CHARAN SINGH — Appellant Vs. STATE OF MAHARASHTRA AND OTHERS — Respondent ( Before : Dr. Dhananjaya Y. Chandrachud and M.R. Shah, JJ. )…
Appointment of Constable in Police service – Where in respect of a heinous or serious nature of crime the acquittal is based on a benefit of reasonable doubt, that cannot make the candidate eligible.
SUPREME COURT OF INDIA DIVISION BENCH THE STATE OF RAJASTHAN AND OTHERS — Appellant Vs. LOVE KUSH MEENA — Respondent ( Before : Sanjay Kishan Kaul and R. Subhash Reddy,…
Loan moratorium case – There shall not be any charge of interest on interest/compound interest/penal interest for the period during the moratorium from any of the borrowers and whatever the amount is recovered by way of interest on interest/compound interest/penal interest for the period during the moratorium, the same shall be refunded and to be adjusted/given credit in the next instalment of the loan account – There is no rational to restrict such relief with respect to loans up to Rs. 2 crores only
SUPREME COURT OF INDIA FULL BENCH SMALL SCALE INDUSTRIAL MANUFACTURES ASSOCIATION (REGD.) — Appellant Vs. UNION OF INDIA AND OTHERS — Respondent ( Before : Ashok Bhushan, R. Subhash Reddy…
Suspension – Manipulation in weight measurement – Chairman of the Administrative Committee to be a Disciplinary Authority – Since the Chairman of the Administrative Committee happens to be the Registrar, the decision to impose punishment may not require prior approval
SUPREME COURT OF INDIA FULL BENCH CHAIRMAN ADMINISTRATIVE COMMITTEE U.P. MILK UNION AND DAIRY FEDERATION CENTRALIZED SERVICES — Appellant Vs. JAGPAL SINGH — Respondent ( Before : Uday Umesh Lalit,…
1. A mere message or a telephonic message which does not clearly specify the offence, cannot be treated as an FIR. 2. Oral information given to an officer-in-charge of a police station can be treated as an FIR.
SUPREME COURT OF INDIA FULL BENCH NETAJI ACHYUT SHINDE (PATIL) AND ANOTHER — Appellant Vs. THE STATE OF MAHARASHTRA — Respondent ( Before : L. Nageswara Rao, Hemant Gupta and…
Kidnapping – Reduction in sentence – Further, this Court has issued notice, limited to the quantum of sentence only – This Court modify the sentence on the appellants for the period already undergone – Appeal partly allowed.
SUPREME COURT OF INDIA DIVISION BENCH K. PRAKASH AND ANOTHER — Appellant Vs. THE STATE OF KARNATAKA — Respondent ( Before : Ashok Bhushan and R. Subhash Reddy, JJ. )…
For appeals filed under section 37 of the Arbitration Act that are governed by Articles 116 and 117 of the Limitation Act or section 13(1A) of the Commercial Courts Act, a delay beyond 90 days, 30 days or 60 days, respectively, is to be condoned by way of exception and not by way of rule
SUPREME COURT OF INDIA FULL BENCH GOVERNMENT OF MAHARASHTRA (WATER RESOURCES DEPARTMENT) REPRESENTED BY EXECUTIVE ENGINEER — Appellant Vs. M/S BORSE BROTHERS ENGINEERS AND CONTRACTORS PRIVATE LIMITED — Respondent (…
Sexual harassment – Using rakhi tying as a condition for bail, transforms a molester into a brother, by a judicial mandate is wholly unacceptable, and has the effect of diluting and eroding the offence of sexual harassment –
SUPREME COURT OF INDIA DIVISION BENCH APARNA BHAT AND OTHERS — Appellant Vs. STATE OF MADHYA PRADESH AND ANOTHER — Respondent ( Before : A. M. Khanwilkar and S. Ravindra…
Family Courts Act, 1984 – Sections 7, 10, 14, 15 and 15 – Jurisdiction of Family Court – Family Court does not have plenary powers to do away with the mandatory procedural requirements in particular, which guarantee fairness and transparency in the process to be followed and for adjudication of claims of both sides.
SUPREME COURT OF INDIA FULL BENCH AMAN LOHIA — Appellant Vs. KIRAN LOHIA — Respondent ( Before : A.M. Khanwilkar, B.R. Gavai and Krishna Murari, JJ. ) Transferred Case (Civil)…